The court held that for evidence to be excluded on the Collins test, the seriousness of the breach must be determined by looking at factors such as good faith and necessity.

On the facts, marijuana found in a bus station locker was excluded from evidence because the police had insufficient reason to search it without a warrant.

The police officers had testified that it did not cross their mind as they didn't think a locker had any right to privacy, moreover they were doubtful there would be enough grounds for a warrant.

The Court of Appeal overturned the acquittal on the basis that the locker was under the control of the stations security and there was no unlawful search.

The Supreme Court restored the trial judge's acquittal, finding that there was a violation of section 8 and the grounds were sufficient to exclude the evidence.